SUBSTITUTE SENATE BILL NO. 5193



                                                                            C 036 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Senate Committee on Health Care & Corrections (originally sponsored by Senators Amondson, Madsen, Anderson, Newhouse, Kreidler, McMullen, Talmadge and Warnke)



Read first time 2/3/89.



AN ACT Relating to optometry; and amending RCW 18.53.010, 18.53.140, and 69.41.010.




        Sec. 1.  Section 1, chapter 144, Laws of 1919 as last amended by section 2, chapter 58, Laws of 1981 and RCW 18.53.010 are each amended to read as follows:

          (1) The practice of optometry is defined as the examination of the human eye, the examination and ascertaining any defects of the human vision system and the analysis of the process of vision.  The practice of optometry may include, but not necessarily be limited to, the following:

           (a) The employment of any objective or subjective means or method including the use of ((pharmaceutical agents)) drugs topically applied to the eye for diagnostic and therapeutic purposes by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section, and the use of any diagnostic instruments or devices for the examination or analysis of the human vision system, the measurement of the powers or range of human vision, or the determination of the refractive powers of the human eye or its functions in general; and

           (b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and

           (c) The prescription and provision of visual therapy, therapeutic aids and other optical devices, and the treatment with topically applied drugs by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section; and

           (d) The ascertainment of the perceptive, neural, muscular or pathological condition of the visual system; and

           (e) The adaptation of prosthetic eyes.

          (2) Those persons using ((pharmaceutical agents)) drugs for diagnostic purposes in the practice of optometry shall have a minimum of sixty hours of didactic and clinical instruction in general and ocular pharmacology as applied to optometry, and for therapeutic purposes, an additional minimum  of seventy-five hours of didactic and clinical instruction as established by the board, and certification from an institution of higher learning, accredited by ((a regional or professional accrediting organization and recognized or approved by the accrediting commission for senior colleges and universities of the western association of schools and colleges)) those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use ((pharmaceutical agents)) drugs for diagnostic and therapeutic purposes.  Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.

          (3) The board shall establish a schedule of drugs for diagnostic and treatment purposes limited to the practice of optometry, and no person licensed pursuant to this chapter shall prescribe, dispense, purchase, possess, or administer drugs except as authorized and to the extent permitted by the board.

          (4) The board shall develop a means of identification and verification of optometrists certified to use therapeutic drugs for the purpose of issuing prescriptions as authorized by this section.


        Sec. 2.  Section 7, chapter 144, Laws of 1919 as last amended by section 82, chapter 259, Laws of 1986 and RCW 18.53.140 are each amended to read as follows:

          It shall be unlawful for any person:

          (1) To sell or barter, or offer to sell or barter any license issued by the director; or

          (2) To purchase or procure by barter any  license with the intent to use the same as evidence of the holder's qualification to practice optometry; or

          (3) To alter with fraudulent intent in any material regard such license; or

          (4) To use or attempt to use any such  license which has been purchased, fraudulently issued, counterfeited or materially altered as a valid  license; or

          (5) To practice optometry under a false or assumed name, or as a representative or agent of any person, firm or corporation with which the  licensee has no connection:  PROVIDED, Nothing in this chapter nor in the optometry law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed optometrist who may transfer by inheritance or otherwise the right to use such name; or

          (6) To practice optometry in this state either for himself or any other individual, corporation, partnership, group, public or private entity, or any member of the licensed healing arts without having at the time of so doing a valid license issued by the director of licensing; or

          (7) To in any manner barter or give away as premiums either on his own account or as agent or representative for any other purpose, firm or corporation, any eyeglasses, spectacles, lenses or frames; or

          (8) To use drugs in the ((examination of eyes except diagnostic agents, topically applied, known generally as cycloplegics, mydriatics, topical anesthetics, dyes such as florescein, and for emergency use only, miotics, which legend drugs a certified optometrist is authorized to purchase, possess and administer)) practice of optometry, except those topically applied for diagnostic or therapeutic purposes; or

          (9) To use advertising whether printed, radio, display, or of any other nature, which is misleading or inaccurate in any material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted; or

          (10) To advertise the "free examination of eyes," "free consultation," "consultation without obligation," "free advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free or of a character tending to deceive or mislead the public, or in the nature of "bait advertising;" or

          (11) To use an advertisement of a frame or mounting which is not truthful in describing the frame or mounting and all its component parts.  Or advertise a frame or mounting at a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must contain a statement immediately following, or adjacent to the advertised price, that the price is for frame or mounting only, and does not include lenses, eye examination and professional services, which statement shall appear in type as large as that used for the price, or advertise lenses or complete glasses, viz.:  frame or mounting with lenses included, at a price either alone or in conjunction with professional services; or

          (12) To use advertising, whether printed, radio, display, or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or

          (13) To use advertising, whether printed, radio, display or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or

          (14) To use advertising whether printed, radio, display, or of any other nature, which states any definite amount of money as "down payment" and any definite amount of money as a subsequent payment, be it daily, weekly, monthly, or at the end of any period of time.


        Sec. 3.  Section 1, chapter 186, Laws of 1973 1st ex. sess. as last amended by section 17, chapter 153, Laws of 1984 and RCW 69.41.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

          (a) A practitioner; or

          (b) The patient or research subject at the direction of the practitioner.

          (2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.

          (3) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

          (4) "Dispenser" means a practitioner who dispenses.

          (5) "Distribute" means to deliver other than by administering or dispensing a legend drug.

          (6) "Distributor" means a person who distributes.

          (7) "Drug" means:

          (a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

          (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

          (c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and

          (d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection.  It does not include devices or their components, parts, or accessories.

          (8) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.

          (9) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

          (10) "Practitioner" means:

          (a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatrist under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, an optometrist under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, an osteopathic physician's assistant under chapter 18.57A RCW, or a physician's assistant under chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;

          (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and

          (c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state, or province of Canada, which shares a common border with the state of Washington.

                                                                                                                           Passed the Senate March 3, 1989.


                                                                                                                                       President of the Senate.


                                                                                                                          Passed the House March 31, 1989.


                                                                                                                                         Speaker of the House.